§ 42-188. Easements.

(a)

General. Easements shall be provided on subdivision plats when the following criteria indicate that an easement is required.

(1)

Where not adjacent to a public way, easements at least 15 feet wide for utility construction, service, and maintenance shall be provided where necessary in locations approved by the planning and zoning commission. Easements of at least five feet in width shall be provided on each side of all rear lot lines and along side lot lines, where necessary, for utilities such as electric, telephone, street lights and gas. Easements having greater width dimensions may also be required along or across lots where engineering design or special conditions make it necessary for the installation of utilities outside public rights-of-way.

(2)

Dead-end easements are not acceptable unless approved for special circumstances by the city council.

(3)

Employees of the city and its agents shall have the authority to enter premises at any time for the purpose of inspecting, repairing or constructing any water, electric or inspecting, repairing, or constructing any water, electric or sewer line, or any water or electric meter, etc., applies to maintenance of dedicated drainage or floodway easements.

(4)

When the city finds that easements in areas adjoining a proposed subdivision are necessary to provide adequate drainage or to provide utilities, the subdivider shall obtain such easement or make arrangement with the city to obtain them.

(5)

Drainage easements shall generally be located along the existing drainageway and should be of sufficient width for the designed improvements to be installed and enough extra width for maintenance equipment to be able to work.

(6)

Emergency access easements and fire lanes will be provided where required by the fire marshal or the planning and zoning commission and shall be a minimum of 20 feet in width, have a minimum height clearance of 14 feet, and have a minimum inside turning radius of 25 feet.

(7)

All easements shall be so designed to allow maintenance equipment to enter the easement and be able to perform the necessary work.

(b)

Utility easements.

(1)

Any public utility, including the city, shall have the right to move and keep moved all or part of any building, fences, trees, shrubs, other growths or improvements which in any way endanger or interfere with the construction, maintenance, or efficiency of its respective systems an any of the easements shown on the plot; and any public utility, including the city, shall have the right at all times of ingress and egress to and from and upon the easements for the purpose of construction, reconstruction, inspection, patrolling, maintaining and adding to or removing all or part of its respective systems without the necessity at any time, of procuring the permission of anyone.

(2)

Emergency access and fire lane easements shall be provided in locations required by the chief of the city volunteer fire department. These easements shall have a minimum width of 20 feet and a minimum height clearance of 14 feet. Any emergency access and fire lane easement more than 100 feet in length shall either connect at each end to a dedicated public street or be provided with a cul-de-sac having a minimum diameter of 80 feet with an additional distance of ten feet on all sides clear of permanent structures. These easements shall be paved to design standards and specifications recommended by the city engineer.

(3)

All easements which will be used for water and/or sewer facilities, or which may potentially be used in the future for water and/or sewer facilities shall be a minimum of 15 feet in width. Easements may be greater or lesser than 15 feet in width as required by the city manager.

(c)

Public open space restriction. A 20-foot by 20-foot triangular public open space easement is required on corner lots at the intersection of two streets.

(1)

The following full statement of restrictions shall be placed in the dedication instrument or on the face of the plat:

Visibility triangles. Visibility triangles in the form of public open space easements (POSE) shall be provided at the intersection of all public streets and the intersection of all public streets and alleys and/or private streets as required by the city's development standards. The easement shall prohibit any obstruction within the easement from a height of 24 inches to a height of 11 feet above the top of the adjacent curb. A single pole sign, with a maximum pole diameter of 12 inches, may be allowed in the POSE on tracts zoned commercial, providing that the sign does not affect the vertical obstruction free zone and is otherwise permitted by the city zoning regulations. Utility poles and guy wires may be located in the POSE. Other ground mounted electrical and communication equipment and switch gear may be located within the POSE when the location is coordinated with the city engineer.

(2)

These open space easements will remain in effect unless vacated by ordinance adopted by the city council of city and the property replatted.

(3)

The preceding public open space restrictions may be altered to permit, on commercially zoned lots, the placement within the easement area of one single pole sign with the pole not to exceed 12 inches in diameter and with every portion of the sign allowing a minimum height clearance between it and the ground of 11 feet.

(d)

Drainage easements.

(1)

Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within road rights-of-way, perpetual unobstructed easements for such drainage facilities shall be provided across property outside the road lines and with satisfactory access to the road. Easements shall be indicated on the plat. Drainage easements shall be carried from the road to a natural watercourse or to other drainage facilities.

(2)

When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights must be secured and indicated on the plat or other instrument as approved by the city attorney. In the case of clear public interest, the city may participate in easement acquisition by power of condemnation.

(3)

The applicant shall dedicate an appropriate drainage easement either in fee or by drainage easement or by conservation easement of land on both sides of existing watercourses to a distance to be determined by the planning and zoning commission.

(4)

Easements for storm drainage facilities shall be provided at locations containing proposed or existing drainageways.

a.

Storm drainage easements of 15 feet minimum width shall be provided for existing and proposed enclosed drainage systems. Easements shall be centered on the systems. Larger easements, where necessary, shall be provided as directed by the city engineer.

b.

Storm drainage easements along proposed or existing open channels shall provide sufficient width for the required channel and an additional 15 feet width as may be required to provide ingress and egress of maintenance equipment; to provide clearance from fences and space for utility poles; to allow maintenance of the channel bank; and to provide adequate slopes necessary along the bank.

c.

Storm drainage easements shall be provided for emergency overflow drainageways of sufficient width to contain within the easement stormwater resulting from a 100-year frequency storm less the amount of stormwater carried in an enclosed system of a capacity required by the city.

The width of the easements described in subsections (4)a through (4)c of this section shall be substantiated by a drainage study and drainage calculations or other criteria submitted to and approved by the city engineer.

(e)

Floodplain easements. Floodplain easements shall be provided along natural drainageways and lakes or reservoirs. Floodplain easements shall encompass all areas beneath the water surface elevation resulting from a storm whose design frequency is 100 years, plus such additional width as may be required to provide ingress and egress to allow maintenance of the banks and for the protection of adjacent property, as determined and required by the city engineer. The following full statement of restrictions shall be placed in the dedication instrument of the subdivision plat: Floodplain restrictions are as follows:

(1)

No construction, without the written approval of the city shall be allowed within a floodplain easement, and then only after detailed engineering plans and studies show that no flooding will result, that no obstruction to the natural flow of water will result; and subject to all owners of the property affected by such construction becoming a party to the request. These engineering studies shall be done in compliance with FEMA (Federal Emergency Management Agency) guidelines which address acceptable studies, methods and limits of work done inside the 100-year floodplain. Where construction is permitted, all finished floor elevations shall be a minimum of one foot above the 100-year flood elevation.

(2)

The existing creek, creeks, lakes, reservoirs, or drainage channel traversing along or across portions of this addition, will remain as an open channel at all times and will be maintained by the individual owners of the lot or lots that are traversed by or adjacent to the drainage courses along or across the tots. The city will not be responsible for the maintenance and operation of the drainageways or for the control of erosion. Each property owner shall keep the natural drainage channels traversing adjacent to his property clean and free of debris, silt, or any substance which would result in unsanitary conditions and the city shall have the right of ingress and egress for the purpose of inspection and supervision of maintenance work by the property owner to alleviate any undesirable conditions which may occur. The natural drainage channel, as in the case of all natural drainage channels, are subject to stormwater overflow and natural bank erosion to an extent that cannot be definitely defined. The city shall not be liable for damages of any nature resulting from the occurrence of these natural phenomena, nor resulting from a failure of any structures within the natural drainage channels. The natural drainage channel crossing each lot is shown by the floodplain easement line as shown on the plot.

(Code 1994, ch. 9, art. 46; Ord. No. 248, exh. A(art. 46), 3-24-1997)